Author: Gilbert Kodilinye,Vanessa Kodilinye
This new edition of a well-established book is a timely response to the enactment during the past 3 to 5 years of new rules of civil procedure which are now in force, or are soon coming into force in the vast majority of Caribbean jurisdictions. The third edition has been substantially revised and augmented to take into account the revision of the rules and covers the new rules in detail. The book also provides coverage of the recent case-law coming out of Jamaica and the Organisation of Eastern Caribbean States (OECS), under the new rules of civil procedure. This book is essential reading for students of Commonwealth Caribbean law as well as anyone wishing to get to grips with the new rules of civil procedure.
Author: John David McClean,David McClean
Publisher: Oxford University Press on Demand
Category: Language Arts & Disciplines
For over a century states have co-operated in providing evidence for use in civil trials in other countries. The growth of international crimes such as drug-trafficking, money-laundering, terrorism, and insider-trading now pose a substantial threat to the economies and stabilities of states, and governments and international organizations have been quick to expand past civil law experience into a variety of responses - both diplomatic and institutional - to the new international crimes. This new edition draws on recent international events, new legislation, and important developments under the aegis of the EC, but retains an important awareness of both civil and criminal dimensions. It will be a useful book to litigation professionals, legislators, and policy-makers.
Author: Richard W. Bourne,John A. Lynch
The first work to describe how the Maryland Rules interact with statutory and common law rules governing original and appellate jurisdiction, venue, trial by jury, and res judicata, Modern Maryland Civil Procedure discusses extensively the judicial interpretation of the rules. It addresses many unanswered questions about the shape and direction of Maryland law in light of the experience of other states and the federal courts. The book also discusses recent changes in Maryland law, such as subject matter jurisdiction, the right to trial by jury, and discovery rules.
Author: Henry John STEPHEN (Serjeant-at-Law.)
doctrine, practice, and context
Author: Stephen Subrin
Publisher: Aspen Law & Business
The first civil procedure casebook to consistently show doctrines and rules at work in actual law practice is now available in a revised, expanded, and improved Second Edition. Instructors who Civil Procedure: Doctrine, Practice, and Context, Second Edition can be sure their students will attain a deep and practical understanding of this crucial area of the law. the authors successfully relate the study of civil procedure To The practice of law by: Using an exceptionally varied and provocative set of excerpted materials to provide context and integrate theory, policy, and doctrine. Organizing their book in a manner that facilitates teaching and learning the subject. Taking a less Socratic, more accessible approach and supplying well-written and well-timed introductions and explanations. Including sensible and supportive Comments and Questions. Offering numerous thought-provoking practice exercises that are challenging but not intimidating. Integrating two real cases with Case Files provided in the Appendix, complete with transcripts, memoranda, exhibits, and motions. Consistently emphasizing lawyering skills, values, and social responsibility. Keeping the book to a manageable 1,200 pages, suitable for use in shorter courses. Drawing on their vast combined experience in teaching civil procedure. the Second Edition responds to user feedback, As well as, To developments in the law: more empirical scholarship, law and economics perspectives, and comparative materials are incorporated throughout the text to provide more useful context. Expanded treatment of discovery better reflects the realities of practice by today's litigators, with new sections on electronic discovery, foreign discovery, And The strategic implications of discovery planning. Enhanced coverage of Alternative Dispute Resolution, with both a longer chapter on litigation alternatives and a discussion of ADR incorporated throughout the casebook. Review of emerging issues of personal jurisdiction in the international context. New Internet cases and text on the emerging area of cyberjurisdiction. Completely rewritten chapter on complex litigation now provides a comprehensive yet accessible explanation of a broad range of topics, including Rule 19, intervention, interpleader, class actions, and 1407 consolidations. More practice exams and review questions improve student comprehension. Revised Teacher's Manual with sample syllabi, more explanatory and background material for case and article excerpts, and more details to facilitate effective use of in-class exercises. Give your students important insight on the crucial role of civil procedure in their future careers, with Civil Procedure: Doctrine, Practice, and Context, Second Edition .
Author: Lawrence W. Newman,Michael Burrows
Publisher: Juris Publishing, Inc.
A practice-oriented guide for any lawyer involved in litigation or arbitration in the United States but who faces issues that go beyond its borders. Both international litigation and arbitration are extensively covered in this work. The chapters revolve around the practical problems which face the litigator - service of proceedings, discovery, the obtaining of evidence and enforcement of judgments and awards. In addition, some important topics in substantive law are addressed.
Court Interpreters in the Judicial Process, Second Edition
Author: Susan Berk-Seligson
Publisher: University of Chicago Press
Susan Berk-Seligson’s groundbreaking book draws on more than one hundred hours of audio recordings of Spanish/English court proceedings in federal, state, and municipal courts—along with a number of psycholinguistic experiments involving mock juror reactions to interpreted testimony—to present a systematic study of court interpreters that raises some alarming, vitally important concerns. Contrary to the assumption that interpreters do not affect the dynamics of court proceedings, Berk-Seligson shows that interpreters could potentially make the difference between a defendant being found guilty or not guilty of a crime. This second edition of the The Bilingual Courtroom includes a fully updated review of both theoretical and policy-oriented research relevant to the use of interpreters in legal settings, particularly from the standpoint of linguistic pragmatics. It provides new insights into interpreting in quasi-judicial, informal, and specialized judicial settings, such as small claims court, jails, and prisons; updates trends in interpreter certification and credentialing, both in the United States and abroad; explores remote interpreting (for example, by telephone) and interpreter training programs; looks at political trials and tribunals to add to our awareness of international perspectives on court interpreting; and expands upon cross-cultural issues. Also featuring a new preface by Berk-Seligson, this second edition not only highlights the impact of the previous versions of The Bilingual Courtroom, but also draws attention to the continued need for critical study of interpreting in our ever diversifying society.
Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.
The Path to Objectivity and Beyond
Author: Stephen J.A. Ward
Publisher: McGill-Queen's Press - MQUP
Category: Language Arts & Disciplines
Does objectivity exist in the news media? In The Invention of Journalism Ethics, Stephen Ward argues that given the current emphasis on interpretation, analysis, and perspective, journalists and the public need a new theory of objectivity. He explores the varied ethical assertions of journalists over the past few centuries, focusing on the changing relationship between journalist and audience. This historical analysis leads to an innovative theory of pragmatic objectivity that enables journalists and the public to recognize and avoid biased and unbalanced reporting. Ward convincingly demonstrates that journalistic objectivity is not a set of absolute standards but the same fallible but reasonable objectivity used for making decisions in other professions and public institutions. Considered a classic in the field since its first publication in 2004, this second edition includes new chapters that bring the book up to speed with journalism ethics in the twenty-first century by focusing on the growing dominance of online journalism and calling for a radical approach to journalism ethics reform. Ward also addresses important developments that have occurred in the last decade, including the emergence of digital journalism ethics and global journalism ethics.
Cases and Problems
Author: Allan Ides,Christopher N. May
Publisher: Aspen Law & Business
Professors who want their students to gain a solid foundation in the doctrine, theory, and applications of civil procedure discovered a dependable teaching partner in CIVIL PROCEDURE: Cases and Problems. Now, in its Second Edition, this clear and explicit casebook continues to provide an appropriate blend of direct explanations, excellent cases, and class-tested problems to help students master this challenging subject. These distinctive features make the book a refreshing alternative: written by the authors of the hugely successful Examples & Explanations study guides for Constitutional Law introductions and transitional text are accessible, without being overly simplified innovative yet flexible organization, beginning with relatively easy, rules-based material and maintaining an essentially chronological approach, from the filing of the suit though appeals and the effect of judgment, with more complex rules taught after the students develop an understanding of the interplay between the rules of procedure and litigation chapters can be taught in any order for maximum classroom flexibility more than 200 problems interspersed throughout the text lightly edited cases develop first-year students doctrinal analysis skills narrative overview of Civil Procedure in the first chapter contains a hypothetical case that illustrates each of the major topics integrated approach to covering Alternative Dispute Resolution and Rule 11 of the Federal Rules of Civil Procedure comprehensive Teachers Manual explains the authors approach, provides analysis of cases and answers to problems, gives extra guidance for topics students find difficult, includes diagrams and overheads, and suggests sample syllabi for different credit hours The Second Edition addresses: rapid developments in personal jurisdiction and the internet the new Class Action Fairness Act amendments to the Federal Rule of Civil Procedure 23 Multiforum Jurisdiction Act of 2002 and other congressional acts involving federal jurisdiction significant changes to the Federal Rules of Civil Procedure pertaining to pleadings and discovery, including the problem of retrieval of computer files new case law, including several procedure and subject matter jurisdiction cases recently decided by the Supreme Court
Protecting and Defending Confidentiality
Author: Vincent S. Walkowiak
Publisher: American Bar Association
This edition has been substantially updated, revised and expanded wih new chapters, including Sarbanes-Oxley Act of 2002, confidentiality/communications and ethical problems. This guide addresses the problems faced when representing corporate and other clients in civil litigation.
Author: Steven Emanuel,Lazar Emanuel
Publisher: Aspen Publishers Online
CrunchTime provides a comprehensive topic breakdown and critical information review all in one tool! the application flow charts can be used all semester long, but the capsule summaries are ideal for exam preparation. Each title offers capsule summaries of major points of law and critical issues, exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers, and recommended approaches for crafting essays that will get winning grades! CrunchTime Series Features: Capsule summary of subject matter Condensed format Flow charts illustrate major concepts Multiple-choice questions with answers Essay questions with model answers
Model Problems and Outstanding Answers
Author: Scott Dodson
Publisher: Model Problems and Outstanding
Students deem Civil Procedure to be one of the hardest classes in law school for good reason. Doctrines from personal jurisdiction to res judicata are difficult to apply to exam fact patterns, and the policies underlying the federal rules can be difficult to grasp. The course is a complex hybrid of common law, statutes, rules, and some constitutional doctrine. For the first time, Oxford University Press equips students with an accessible guide to acing this most challenging of law school tests. In Civil Procedure: Model Problems and Outstanding Answers, Scott Dodson helps students demonstrate their knowledge of civil procedure in the structured and sophisticated manner that professors expect on law school exams. This book includes clear introductions to the major topics in civil procedure, provides hypotheticals that students can expect to see on an exam, and offers model answers to those hypotheticals. Professor Dodson then gives students the opportunity to evaluate their own work with a comprehensive self-analysis section. This book prepares students by challenging them to use the law they learn in class while also explaining the best way to express an answer on law school exams. This second edition has been updated to reflect recent changes to the federal rules of civil procedure. It incorporates new paradigm cases, including Wal-Mart, Goodyear, and McIntyre. The second edition also reflects the new rule and statutory amendments, including the Federal Courts Jurisdictions and Venue Clarification Act of 2011.
Author: Roy A. Franco,Jeffrey J. Signor
Publisher: Juris Publishing, Inc.
"[This book is a] guide and commentary for anyone involved in a liability case where the Medicare Secondary Payer Act comes into play. This book is designed to serve as a resource guide for anyone interested in learning where the potential pitfalls of the Act lay. The authors, highly versed in the complexities and nuances associated with the Act, provide commentary and analysis based on the law as it is presently known, and suggest approaches to consider when attempting to finalize the liability case. The new requirements of the Act will not be easily absorbed by the liability industry. Practices developed over decades will need to change. Extra vigilance is necessary to avoid legal liability. This book provides much needed guidance to assist the practitioner in this regard"--Provided by publisher.
Preclusion in Civil Actions
Author: David L. Shapiro
Civil Procedure: Preclusion in Civil Actions begins with an exploration of the theoretical basis for the principle of preclusion in civil litigation. Part II will then develop the basic rules of preclusion that apply when the second action is between the same parties and occurs in the same jurisdiction as the first. Part III focuses on the difficulties of determining when and to what extent each party in the second action is either "the same" as one of the parties in the first, or w as sufficiently represented by one of the parties in the first proceeding to bring into play the rule s developed in Part II. (This part will include discussion of problems of preclusion in the context of class actions.) Part IV then expands the inquiry to consideration of the effect of a judgment on non-parties to the first proceeding, and finally, Part V will explore the inter-jurisdictional aspects of the law of preclusion.
A Guide to Civil Adjudication in US Courts
Author: John Bilyeu Oakley,Vikram D. Amar,Vikram Amar
Publisher: Kluwer Law International B.V.
This convenient description of civil procedure in the federal and state courts of the United States will be greatly welcomed by lawyers and legal scholars everywhere. Without going into deep analysis, the book covers every important feature of these legal systems, drawing on the expertise and experience of two well-versed practitioners. As well as the rules, policies, normative principles, and future trends, the authors cite recent cases affecting procedure. Areas covered include sources, judicial organization, exercise of the legal profession, jurisdiction, due process standards, rules of evidence, enforcement of judgements, arbitration, and much more.
Author: World Law Group Member Firms,World Law Group
Publisher: Kluwer Law International B.V.
A desk reference for lawyers and their clients faced with the prospect of litigation in foreign jurisdictions, this book is a guide to the civil procedure rules and practices in thirty-two major countries and in the European Community. Local rules relating to arbitration and, where available, mediation are also covered.
And a Treatise on Bills of Exchange, and Promissory Notes
Author: Zephaniah Swift
Category: Bills of exchange